Cuomo proposes banning flavored e-cig sales, ads targeting kids

Proposal comes amid legal battle over Health Department's vaping ban

1of11New York Gov. Andrew Cuomo announced Monday, Sept. 9, 2019 that his administration is taking several steps to address a surge of vaping-related illnesses known to have killed at least five people this summer.Provided by the Executive Chamber2of11New York Gov. Andrew Cuomo announced Monday, Sept. 9, 2019 that his administration is taking several steps to address a surge of vaping-related illnesses known to have killed at least five people this summer.Provided by the Executive Chamber3of11New York Gov. Andrew Cuomo announced Monday, Sept. 9, 2019 that his administration is taking several steps to address a surge of vaping-related illnesses known to have killed at least five people this summer.Provided by the Executive Chamber4of11New York State Health Commissioner Howard Zucker speaks during a meeting of the state Public Health and Health Planning Council to vote on provisions to ban the sale of flavored e-cigarettes on Tuesday, Sept.17, 2019, at the Empire State Plaza Convention Center in Albany, N.Y. Gov. Andrew Cuomo announced Sunday "an emergency action" to ban the sale of flavored electronic cigarettes statewide. (Will Waldron/Times Union)Will Waldron/Albany Times Union5of11New York State Health Commissioner Howard Zucker speaks during a meeting of the state Public Health and Health Planning Council to vote on provisions to ban the sale of flavored e-cigarettes on Tuesday, Sept.17, 2019, at the Empire State Plaza Convention Center in Albany, N.Y. Gov. Andrew Cuomo announced Sunday "an emergency action" to ban the sale of flavored electronic cigarettes statewide. (Will Waldron/Times Union)Will Waldron/Albany Times Union6of11Slide explains the history of menthol flavored tobacco products during a meeting of the state Public Health and Health Planning Council to vote on provisions to ban the sale of flavored e-cigarettes on Tuesday, Sept.17, 2019, at the Empire State Plaza Convention Center in Albany, N.Y. Gov. Andrew Cuomo announced Sunday "an emergency action" to ban the sale of flavored electronic cigarettes statewide. (Will Waldron/Times Union)Will Waldron/Albany Times Union7of11In this Tuesday, April 10, 2018 photo, a high school principal displays vaping devices that were confiscated from students at the school in Massachusetts. On Thursday, Sept. 26, 2019, the Centers for Disease Control and Prevention said 805 confirmed and probable cases have been reported to have a vaping-related breathing illness, and the death toll has risen to 12. (AP Photo/Steven Senne)(AP Photo/Steven Senne)8of11FILE - In this Oct. 18, 2019 file photo, a man blows a puff of smoke as he vapes with an electronic cigarette. Months into an outbreak of vaping-related illnesses, health officials in October 2019 are still looking at a wide range of products and chemicals that might be causing the severe _ and sometimes fatal _ cases. (AP Photo/Jim Mone)Jim Mone9of11NEW YORK, NY - NOVEMBER 26: A man vapes as people protest against the New York City Council vote on legislation to ban flavored e-cigarettes outside City Hall on November 26, 2019 in New York City. New York is voting to be the first big city to ban flavored e-cigarettes and comes days after New Yorks second vaping death. (Photo by Eduardo Munoz Alvarez/Getty Images)Eduardo Munoz Alvarez10of11NEW YORK, NY - NOVEMBER 26: People hold banners as they protest against the New York City Council vote on legislation to ban flavored e-cigarettes outside City Hall on November 26, 2019 in New York City. New York is voting to be the first big city to ban flavored e-cigarettes and comes days after New Yorks's second vaping death. (Photo by Eduardo Munoz Alvarez/Getty Images)Eduardo Munoz Alvarez11of11FILE - In this Sept. 16, 2019 file photo, Inam Rehman, manager of Jubilee Vape & Smoke Inc., vapes in New York. City lawmakers are poised to enact a ban on flavored e-cigarettes Tuesday, Nov. 26, 2019. (AP Photo/Bebeto Matthews, File)Bebeto Matthews

ALBANY – In his latest move to curb vaping across New York, Gov. Andrew M. Cuomo on Sunday said that he will introduce legislation to ban all flavored vaping products and stamp out ads for the products that target young people.

Cuomo plans to unveil the legislation as part of his 2020 State of the State address, which is scheduled for Jan. 8 in Albany. His proposal would codify emergency regulations that state health officials adopted in September to prohibit flavored e-cigarette sales – even as that ban has been held up in a court battle with the vaping industry.

“Vaping is a public health crisis, claiming too many lives and making countless others sick in a short period of time,” Cuomo said in a release. “The problem is made worse by unscrupulous vaping companies who are targeting young people with candy-flavored products, like cotton candy and bubblegum and other marketing ploys.”

Cuomo’s four-part proposal would prohibit the sale of all flavored vaping products, including menthol, and also give the Department of Health the power to regulate vaping carrier oils, such as vitamin E acetate, that are linked to respiratory illnesses.

The governor also plans to crack down on advertisements targeting children, barring marketers from promoting claims about the safety of e-cigarettes or suggesting that they can help people stop smoking cigarettes. The U.S. Food & Drug Administration contends that all tobacco products, including e-cigarettes, carry a health risk.

The last piece of Cuomo’s plan would restrict online vaping sales, which the governor’s office said allows young people to illegally purchase e-liquids and e-cigarettes. Cuomo’s legislation would permit only licensed vape retailers to sell those products online or via phone or mail order.

Cuomo said the plan will “help keep children safe and stop them from forming an unhealthy and potentially deadly lifelong addiction.”

The announcement comes after Cuomo directed state health officials in September to issue emergency regulations prohibiting the sale of flavored e-cigarettes statewide. A legal challenge from the vaping industry has stopped the ban from going into effect so far, though state health officials renewed the rules for another 90 days earlier this month.

The lawsuit brought by the vaping industry – spearheaded by the Vapor Technology Association and two of its affiliates – claims that the state Health Department does not have the authority to enact the ban because the state Legislature had considered similar legislation earlier this year but decided not to act.

That legislation, sponsored by state Sen. Brad Hoylman and Assemblywoman Linda B. Rosenthal, both Manhattan Democrats, had passed committees in both chambers but never made it to the floor for a full vote. Rosenthal, who also spearheaded that bill last year, told the Times Union earlier this month that she intends to revisit the issue in January when the Legislature returns to Albany.

But advocates for the ban have said the rise of a mysterious vaping illness nationwide in recent months has added a sense of urgency for the state to take action against e-cigarettes.

As of Dec. 17, more than 2,500 people across the United States have reported respiratory issues related to vaping. Fifty-four people are known to have died from the illness, including two in New York, according to the Centers for Disease Control and Prevention.

The exact cause of the illness is unknown, though many have been linked to black-market THC products containing vitamin E acetate. Critics of the ban, including those in the vaping industry, have pointed to the black-market products as evidence that the efforts to curb the sale of regulated e-cigarettes are misguided.

Cayla Harris is based at the Capitol in Albany covering politics for the Times Union. She graduated in May 2019 from the George Washington University, where she studied journalism and Spanish. During her time in D.C., she interned for the Hearst Washington bureau. Reach her at cayla.harris@timesunion.com